Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931024227.pdf (New Zealand)
1998/64 Summary Proceedings Amendment Regulations 1998 PURSUANT to section 212 of the Summary Proceedings Act 1957, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, makes the following regula­ tions.
Contents 1 2 3 Title and commencement Interpretation New regulations substituted 15Q Transmission of criminal record relating to breach of protection or restraining order Transmission of criminal record relating to other offences involving domestic violence or harassment Result of appeal to be notiﬁed to Court receiving copy of criminal record Information about criminal proceedings in domestic violence proceedings Information about criminal proceedings in harassment proceedings 15R 15S 15T 15U 4 Revocation Page 2 2 3 3 4 4 5 6 7 1 r 1 1 (1) (2) 2 (1) Summary Proceedings Amendment Regulations 1998 1998/64 Title and commencement These regulations may be cited as the Summary Proceedings Amendment Regulations 1998, and are part of the Summary Proceedings Regulations 19581 (“the principal regulations”).
These regulations come into force on 1 May 1998.
Interpretation Regulation 2 of the principal regulations is amended by in­ serting, in their appropriate alphabetical order, the following deﬁnitions: “Harassment offence means an offence against— “(a) Section 8 of the Harassment Act 1997; or “(b) Any other enactment in any case where the offence— 1 SR 1958/38 (Reprinted with Amendments Nos 1 to 9: SR 1980/84) Amendment No 10: (Revoked by SR 1987/311) Amendment No 11: (Revoked by SR 1987/311) Amendment No 12: (Revoked by SR 1987/311) Amendment No 13: SR 1985/231) Amendment No 14: (Revoked by SR 1988/37) Amendment No 15: SR 1987/211 Amendment No 16: SR 1987/311 Amendment No 17: (Revoked by SR 1991/189) Amendment No 18: SR 1989/12 Amendment No 19: SR 1991/189 Amendment No 20: SR 1992/70 Amendment No 21: SR 1993/81 Amendment No 22: SR 1993/150 Amendment No 23: SR 1993/252 Amendment No 24: SR 1993/314 Amendment No 25: SR 1996/26 Amendment No 26: SR 1996/154 Amendment 1997: SR 1997/322 2 1998/64 Summary Proceedings Amendment Regulations 1998 r 3 “(i) “(ii) Is committed by a person against whom a restraining order is in force, or in respect of whom proceedings on an application for a restraining order are pending, at the time the offence is committed; and Is committed against a person for whose protection the restraining order was made or has been applied for, as the case may be; and “(iii) Consists of or includes a speciﬁed act within the mean­ ing of section 4 of the Harassment Act 1997: “Restraining order has the same meaning as in section 2 of the Har­ assment Act 1997”.
(2) Regulation 2 of the principal regulations is amended by revok­ ing the deﬁnition of the term relevant Court, and substituting the following deﬁnition: “Relevant Court,— “(a) In relation to an offence against section 49 of the Domestic Violence Act 1995 or a domestic violence offence, means the Court which made a protection order against the person con­ victed of the offence; and includes a Court in which an appli­ cation for a protection order against the offender is pending: In relation to an offence against section 25 of the Harassment Act 1997 or an harassment offence, means the Court which made a restraining order against the person convicted of the offence; and includes a Court in which an application for a restraining order against the offender is pending:”.
“(b) 3 New regulations substituted The principal regulations are amended by revoking regulations 15Q to 15T, and substituting the following regulations: “15Q Transmission of criminal record relating to breach of protection or restraining order “(1) Where a defendant is convicted of an offence against sec­ tion 49 of the Domestic Violence Act 1995, the Registrar of the Court in which that conviction is entered must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the rele­ vant Court.
3 r 3 Summary Proceedings Amendment Regulations 1998 1998/64 “(2) Where a defendant is convicted of an offence against section 25 of the Harassment Act 1997, the Registrar of the Court in which that conviction is entered must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.
“(3) On receiving the copy, the Registrar of the relevant Court must cause the copy to be placed on the ﬁle relating to the applicable proceedings.
“15R Transmission of criminal record relating to other offences involving domestic violence or harassment “(1) Where a defendant is convicted of a domestic violence offence or of an harassment offence, a District Court Judge or Justice may direct the Registrar of the Court in which that conviction is entered to forward, without delay, a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.
“(2) Where— “(a) A defendant is convicted of an offence; and “(b) The Registrar of the Court in which that conviction is entered has reason to believe that the offence is a do­ mestic violence offence or an harassment offence,— the Registrar must, without delay, forward a certiﬁed copy of the entry in the Criminal Records relating to that conviction to the Registrar of the relevant Court.
“(3) On receiving a copy forwarded under subclause (1) or sub­ clause (2) the Registrar of the relevant Court must cause the copy to be placed on the ﬁle relating to the applicable proceed­ ings.
“15S Result of appeal to be notiﬁed to Court receiving copy of “(1) criminal record If,— “(a) Under regulation 15Q or regulation 15R, a copy of an entry in the Criminal Records relating to a conviction for an offence is forwarded to a relevant Court; and “(b) On any appeal,— “(i) That conviction is quashed; or 4 1998/64 Summary Proceedings Amendment Regulations 1998 r 3 “(2) “(ii) The sentence imposed in relation to that offence is varied; and “(c) In accordance with section 135(2) of the Act, the Regis­ trar makes, in the entry in the Criminal Records relating to that conviction, a note of the decision on appeal,— the Registrar must, without delay, forward a copy of that note to the Registrar of the relevant Court.
If a copy of a note relating to a conviction is forwarded to the relevant Court under subclause (1), the Registrar of that Court must,— “(a) Where the conviction has been quashed, remove from the ﬁle the copy of the entry relating to that conviction; or In any other case, cause the copy of the note to be placed on the ﬁle relating to the applicable proceedings.
“(b) “15T Information about criminal proceedings in domestic “(1) violence proceedings In this regulation, the term domestic violence proceedings means an application for a protection order that is pending before a District Court or a Family Court or that a District Court or a Family Court has determined by making a protec­ tion order.
“(2) This regulation applies where the Court in which domestic violence proceedings have been ﬁled or the Registrar of that Court has reason to believe that the respondent or associated respondent to the domestic violence proceedings is charged with, or has been convicted of— “(a) A domestic violence offence; or “(b) An offence against section 49 of the Domestic Violence Act 1995.
“(3) Where this regulation applies, the Registrar of the Court may— “(a) Consult the Registrar of the Court in which the respond­ ent or associated respondent to the domestic violence proceedings is believed to have been charged with or convicted of an offence speciﬁed in subclause (2); and “(b) Request that Registrar to supply available information relating to the charge or conviction.
5 r 3 Summary Proceedings Amendment Regulations 1998 1998/64 “(4) The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— “(a) The conditions on which bail has been granted to the defendant: “(b) A copy of the entry in the Criminal Records relating to the conviction.
“(5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.

“15U Information about criminal proceedings in harassment “(1) proceedings In this regulation, the term harassment proceedings means an application for a restraining order that is pending before a District Court or that a District Court has determined by mak­ ing a restraining order.
“(2) This regulation applies where the Court in which harassment proceedings have been ﬁled or the Registrar of that Court has reason to believe that the respondent or associated respondent to the harassment proceedings is charged with, or has been convicted of,— “(a) An harassment offence; or “(b) An offence against section 25 of the Harassment Act 1997.
“(3) Where this regulation applies, the Registrar of the Court may— “(a) Consult the Registrar of the Court in which the respond­ ent or associated respondent to the harassment proceed­ ings is believed to have been charged with or convicted of an offence speciﬁed in subclause (2); and “(b) Request that Registrar to supply available information relating to the charge or conviction.
“(4) The information that a Registrar may request under subclause (3) includes, where applicable and without limitation,— “(a) The conditions on which bail has been granted to the defendant: “(b) A copy of the entry in the Criminal Records relating to the conviction.
6 1998/64 Summary Proceedings Amendment Regulations 1998 “(5) A Registrar to whom a request is made under subclause (3) must, without delay, provide to the requesting Registrar as much of the information requested as the requested Registrar has available to him or her.” 4 Revocation Regulation 3 of the Summary Proceedings Regulations 1958, Amendment No 26 is consequentially revoked.

MARIE SHROFF, Clerk of the Executive Council.


Explanatory Note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 May 1998, amend the Summary Proceedings Regulations 1958.

The regulations provide for the transfer of information about certain offences relevant to civil proceedings under the Harassment Act 1997 from courts exercis­ ing criminal jurisdiction to District Courts for the purposes of those civil proceedings.
The regulations also re­enact, without substantive change, existing provisions of the principal regulations relating to the transfer of relevant criminal information to Family Courts and District Courts for the purposes of proceedings under the Domestic Violence Act 1995.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 2 April 1998.

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